STUDY UNIT 19

Question 1

PRESUMPTIONS ARE TRADITIONALLY CLASSIFIED INTO:

Answer 1

1. Irrebuttable presumptions of law
2. Rebuttable presumptions of law
3. Presumptions of fact

Question 2

1. IRREBUTTABLE PRESUMPTIONS OF LAW:

Answer 2

are rules of substantive law formulated to look like rules of evidence.

Question 3

2. REBUTTABLE PRESUMPTIONS OF LAW:

Answer 3

are rules of law that compel the provisional assumption of fact.
-according to Wigmore, a rebuttable presumption of law is a genuine rule of law which requires a court to reach a conclusion in the absence of evidence in the contrary.

Question 4

A rebuttable presumption of fact has the following effect on the burden of proof:

Answer 4

• may create a permissible inference
• may create a mandatory conclusion
• the drawing of a mandatory conclusion may also have the effect of casting the primary burden of proof on the accused in the form of a reverse onus.

Question 5

3. PRESUMPTIONS OF FACT:

Answer 5

are inferences that may be drawn from particular factual circumstances.

Question 6

A presumption of fact differs from a presumption of law:

Answer 6

1. a presumption of fact, although labelled a presumption. is not a rule of law
2. a presumption of fact has no effect on the primary burden of proof in its true sense.

Question 7

RES IPSA LOQUITUR SITUATION:

Answer 7

means that the matter or thing speaks for itself.

Question 8

Presumptions thus..

Answer 8

presumptions thus entitles the court to infer, assume or accept that a fact, set of circumstances, or state of affairs exists, usually until the contrary is proved.